Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21429 of 2010 Petitioner :- Suryakesh Respondent :- State Of U.P. Petitioner Counsel :- S.N. Singh,S.P. Singh Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for the
State and perused the record.
It is contended by the learned counsel for the applicant that the applicant is
not named in the FIR and his name appeared in the statement Dharmendra
Nishad, which was recorded after 20 days from the date of lodging of the FIR
and there is no other evidence against the applicant to connect him with
murder of the deceased.
Learned AGA contended Dharmendra Nishad has disclosed the name of the
applicant and he was involved in the murder of the deceased.
The case is based on circumstantial evidence and the statement of
Dharmendra Nishad was lodged after 20 days from the date of lodging of the
FIR.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.
Let the applicant- Suryakesh involved in Case Crime No. 457 of 2010,
under Section 302 and 201 IPC, P.S. Nizamabad, District Azamgarh be
released on bail on his furnishing a personal bond with two sureties each in
the like amount to the satisfaction of the court concerned.
Order Date :- 11.8.2010
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